Paul Luvera Journal

Republicans have managed to transform the constitutional tradition of the United States Supreme Court from an independent, non-political branch of government into a political one. In one of most notorious unprecedented and significant political acts in court history, the court decided the election of the president of the United States in Bush v Gore 531 U.S. 98 (2000) by a 5 to 4 vote. The conflict about the proper role of the court continues today and every time a  new justice…

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Famous trial lawyer Clarence Darrow once said: "I never wanted to see anybody die, but there are a few obituary notices I have read with pleasure." I confess that was my first thought when I learned of the death of U.S. Supreme Court Justice Scalia.  Or, as the comedian George Jessel once said about the people attending the funeral of a celebrity he didn't like: "you see, give the people what they want and they will come." From my perspective here…

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These are the words of Dale Cox, a prosecutor and Caddo Parish Louisiana. As to the death penalty he insists "we need it  more now than ever." He has personally been the prosecutor in half of the death sentences in Louisiana since 2010. In a case where he convicted a father of wrongfully killing his child he told the jury that when it comes to a person who harms a child, "Jesus demands his disciples kill the abuser by placing…

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By now everyone knows a New York state grand jury decided there was not enough evidence to file any criminal charges against the white police officer applying a neck hold and the other police involved in the arrest of a black man that resulted in his death. While the media has spent it's time focused on talking about the grand jury's failure to indict and the "guilt or innocence" of the white police officer or officers, it is more complicated than that. Everyone has a…

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In 1994 Gerry Spence asked me to participate in teaching at a new trial college he was creating for lawyers to teach them the right way to  be plaintiff trial lawyers. It was to be a non profit college and we would volunteer our  time  and transportation. I had known him for some time and quickly agreed even thought I had no real idea of what he had in mind. The other people, in addition to Gerry and I,  invited…

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America prides itself on having a system of laws that require ethical conduct. Every profession has a code of ethical conduct and sanctions for violations. Doctors, engineers, lawyers and every other licensed profession are governed by a code of professional ethical conduct. Even the United  States Congress has a code of ethics with provisions for discipline.  Every state has a code of ethical conduct for lawyers with provisions to discipline for violations including the right to terminate their law license. Virtually every state has a code…

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After two weeks the  jury trial I was involved in was  ended by the judge declaring a mistrial. With over a hundred motions before trial and multiple motions during trial it finally just was stopped as a mercy killing. The judge decided that he should not have allowed evidence about the driver's past driving and criminal history and  that as a result he felt he had to grant a mistrial. The entire experience reminded me of a Kafka novel  and and the daily…

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Joseph D. Jamail is an 88  year old trial lawyer from Houston Texas. Last week Joe and Ron Krist, another Houston lawyer spoke at the International Accademy of Trial Lawyers at a meeting in Newport, California, Lita and I attended. I’ve known Joe and Ron for a number of years through professionalorganizations we belong to and both are extraordinary story tellers. They  had the audience entertained and laughing. Forbes Magazine gives Joe’s wealth at $1.5 billion. His  1985 verdict for his…

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The struggle between the public's right to know and concealment of wrong claiming secrecy is not just an isolated problem, but rather one which is pervasive and growing. The government of the UK has asked for a law which would operate in civil proceedings involving a case against the government where it claims national security is involved. In defending these cases the government wants a law which would allow it to put evidence before a judge in the absence of…

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